upgrading from LPR to US Citizen - how to go about husband's AOS?

[cattleya777 5]

Hello,

I petitioned my husband (overstayed, in the US also) when I was an LPR 2 yrs ago. HIs I-130 was approved but can't adjust here in the US. We received notices from NVC that a visa is available, but we ignored the letters since we don't want consular processing.

Here are my questions and please help.

1. As soon as I get my naturalization certificate (my interview is this month), should I redo the whole process again? Like submitting a new 1-130 since this time I am petitioning him as a US citizen, with the 1-485?

2. If we submit a new 1-130 with the 1-485, are the fees separate, or the $1070 covers for both?

3. Since he overstayed, should we also file a I-601? He was inspected with an I-94, but overstayed and worked without authorization ( he filed tax returns yearly).

Thank you so much for your help.

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

[Hypnos 6,578]

1) No. As soon as you become a US citizen you need to upgrade your petition to an immediate relative petition.

2) See 1).

3) His overstay will not prevent him from adjusting status through marriage to you; an I-601 is not required.

[cattleya777 5]

Thank you Hypnos for your help.